Law:

Section:

(a) Civil Procedure Code (V of 1908)-----O.XXXVII, R.1 (e) & 5.122--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to consider questions as to whether 0. XXXVII, R.1(e), C.P.C. as introduced by Lahore High Court in exercise of its powers under S. 122, C.P.C. stood deleted on account of various subsequent amendments and adaptations and whether even if the suit was not triable under 0. XXXVII, R. 1, C . P. C . on the strength of its .C1. (e) the proper course was not to have it tried as an ordinary suit instead of directing the return of the plaint for presentation elsewhere. [p. 126) A (b) Interpretation of statutes-- ---Where the amendment directly touches an enacted provision, saving would not be attracted because that would negate the very purpose of effecting the amendment--Where indirectly or consequently certain express provisions are affected by such amendments then these will be saved on the language of the saving clause [p. 130) B (c) Civil Procedure Code (V of 1908)-- ---Ss. 121, 127 & 0. XXXVII--Central Laws (Statute Reforms) Ordinance (XXI of 1960), S. 3--Law Reforms Ordinance (XII of 1972), S. 2(2)--Local amendments made by the High Court are taken care of, preserved and continued unaffected by Central Laws (Statute Reforms) Ordinance, 1960. From provisions of sections 121 and 127, C.P. C. two types of rules appear in the First Schedule. The first would be the one incorporated and deriving its legal validity and existence from section 121, C . P. C . which will extend to the whole of Pakistani and will be treated as contained in the Code. The second, a different category of rules which will derive their strength and legal validity from section 127 of the C.P. C. and these will have their application not over the whole of Pakistan but confined to the local limits of the jurisdiction of the High Court which made them. The adaptations and the amendments envisaged were directed at taking care of those rules of the First Schedule as were enacted under section 121, C.P. C. while the saving clause was directed to preserve all such rules and orders as had the same force and effect as if they had been contained in it. Such was…

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